Impunity rises from the ashes ? : the extent of the Rome Statute's jurisdiction in the event of state succession
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Indiana international and comparative law review, Vol. 25, no. 3, 2015, p. 461-492
Paul T. Babcock
The International Criminal Court (ICC) deterrence effect in situations of armed conflict extends only to the reach of its jurisdiction. State succession, which often involves massive human rights violations, casts doubt on the jurisdiction of the Court and the protection it offers because of questions regarding the continuity of treaty obligations, including those under the Rome Statute, formerly binding upon the predecessor State. This article argues that customary international law supports the continued application of the Rome Statute in instances of State succession because the treaty articulates the necessary human rights and humanitarian law principles to fall under the customary international law rule for the continuation of human rights and humanitarian law treaties.